Child Abuse: Proving Mother Unfit

My question involves child abuse or neglect in the State of Tennessee: I'm 27 with 3 children of my own, 2 girls (6 & 7) and 1 boy (2 months). I also have 2 soon to be step children, 1 boy (11) and girl (7). I'm highly concerned for their well-being and not sure how to handle the situation. They come to our house every weekend and are with us any time that they are out for school breaks. I started asking them questions not too long ago because their hygiene wasn't that great and when they told me that the only time they take a shower/bath was when they were with us, I informed their dad. He doesn't know what to do because he fears that if we try to get full custody it could back fire some how and we will lose our visits with them. Two weeks ago my step son had came over with a busted lip and a hurt wrist. After an hour of talking with him he finally broke down in tears wanting to tell me a secret. I agreed to keep it between us but he then told me that his mom had hit him because he was being bad. Luckily our security cameras caught him saying that and his dad heard it so it didn't look like I betrayed his trust. The kids have also told me that they do not have food at their mom's house and they will ask if they can take some home so that they will have something to eat, which I allow them to do. Keep in mind that the mother does get help from the state, she receives food stamps and a welfare check. How am I supposed to handle matters like this? I have never been in a situation like it and could use a bit of advice please

Child Abuse: Proving Mother Unfit

Retail Fraud / Shoplifting: Got Caught Shoplifting, Police Were Called but No Charges Pressed on Site, What Next

I was being stupid and got caught stealing a tube of lipstick from the drugstore (in Toronto, Ontario Canada). They took me up to a room and made me sign a paper saying I would not enter the store in the next 3 years, or else I would be charged with trespassing. They also gave me a civil recovery fee of $350 to pay. They called police, who came and, since I had no previous records or legal incidences, did not take me to the police station or charge me or anything. They did say though that if this happens again, police officers would be able to look me up and see this incident occurred, so they would not be so easy on me next time.
So my question is, will I have a record from this? Will this affect my future employment in any way? As well, if police came and assessed the situation, can I still get charged or summoned to court over this? Since the police already came and knew what happened but did not charge me or anything like that.
Thanks in advance for any help! I have never been in this situation before so Im a little confused and quite rattled by the whole thing :(

Retail Fraud / Shoplifting: Got Caught Shoplifting, Police Were Called but No Charges Pressed on Site, What Next

Traffic Accidents: Using Another Policy for Personal Injury Claim

My question involves an injury that occurred in the state of: MICHIGAN

We got into an accident in MI and my daughter was driving her car and was totaled. It was the other driver's fault wih NO insurance, we were injured and on therapy. My daughter has been under my policy since she sometimes use one of my cars although she has an insurance of her own for her car. I'm wondering if it's possible for her to claim using my policy?

Thank you.

Traffic Accidents: Using Another Policy for Personal Injury Claim

Retailers: Hp False Advertisement

My question involves a consumer law issue in the State of: Indiana


First off I'd like to say I didn't buy the product, my mother did. I bought a computer from HP back in June. It's called the HP ENVY Phoenix 850-050qe. While doing research on it , I found the product page and it advertises that the LEDs in the front can change color with an application. I tried several times and the application didn't work and therefore the lights wouldn't change color. I contacted customer support, and they told me "but based on the private document I have right now for the HP ENVY Phoenix 850 units do not support the RGB bar." BTW - the 'RGB bar' stands for Red Green Blue, which when has to do with LEDs basically means you can create just about any color with those 3 colors (around 16.8 million to be exact). The HP website for this computer states "HP LED Lighting Control for customizable lights", which means ,with the HP LED Lighting Control program, you can change the colors of the LEDs in the front. (the website is here: http://ift.tt/1VFJCDv)
Isn't this false advertising, as the website for the product states I can change the color, although the customer support says I can't?!

Retailers: Hp False Advertisement

Grandparents and Third Parties: Temporary Guardianship of My Niece

My question involves a child custody case from the State of: North Dakota.

My sister has given me temporary guardianship of my 3 year old niece. My sister is willing to give me permanent legal guardianship of my niece, so my question is how can we turn a temporary guardianship into a legal permanent guardianship with out having to involve social services or having outrageous legal fees from a lawyer? Any help would be greatly appreciated. Thank you.

Grandparents and Third Parties: Temporary Guardianship of My Niece

Medical Malpractice: Doctors Malpractice Attorney Lies to Me

My question involves malpractice in the state of: Utah
My doctor dissmissed after she gave me iron overload, was mad over a survey. Long story. I needed surgery, treatment, hospital turned it over to her malpractice carrier. Now her attorney has contacted us due to hipaa violations. Says she wants to settle. I don't have an attorney. Can't get one as it's not a huge case and it's complicated, involves doctors mother, who also dissmissed from competing facility because she was a mom first. 8 year relationship destroyed by daughter and her lies. My question is this -her attorney sent me an email that is a lie. I questioned why a man was given my medical records. This attorney said he is an attorney, represents the doctors facility and has attorney client privileges. Lie. Man is an insurance employee. This has been proven. How do I deal with a lying attorney who is supposed to be helping us???? Isn't this some kind of fraud? Funny thing is this doctor sent me lies from my portal blaming dissmissal on her bosses, as well as created false documents, slanderous to me. Told others. I can't win. And this attorney is supposed to fix my medical records, help us??? And he lies?

Medical Malpractice: Doctors Malpractice Attorney Lies to Me

Collection Lawsuits: Civil Suit Arrest Imminent, According to Constable

My question involves collection proceedings in the State of: Indiana
Process Server arrived and requested me at the door this morning, and he was from the local Kentucky Court, apparently.
He gave me a copy of a Law suit.
The details are as follows:
In 2013 I used an Indiana ER for Medical Treatment, in April, May, and August, prior to obtaining Medicare State Insurance through the Department of Community Based Services.
I live in Kentucky, and the Suit was filed by an Indiana Hospital directly over the border where I had gone in 2013.
The Process Server said that if I don't answer the Summons (it states that a written reply within 20 days is requested, not a personal appearance) that there will be a Warrant issued for my arrest.

I have no income. I am married, and have medical issues, and am on psychological medications also. My husband is unemployed, and lost his job in 2013, and since then we have been on welfare, Section 8, SNAP, and Wellcare of KY Medicare. He works odd/irregular jobs and basic work and makes less than 3000.00 yearly at this time.

We own nothing of value, except a 2001 vehicle, which is plagued with mechanical difficulties.
Our son, whom is 4yrs old, also has medical issues and has had many hospital treatments, and at one time surgery was suggested by his doctors. Though he appears to be getting better now.

My husband had a bankruptcy discharge in 2015, Oct. He went through KY Legal Aid to obtain that.

I have been to that same hospital MANY times for issues relating to my chronic ailment(s) since 2013, but had KY Wellcare Medicare since, and as such, of course, no other bills exists, since they were all taken care of by the Medicare of KY.

I have many questions, and a general one:
1. If I do not respond, though I have a typed response ready to send to both parties, will they attempt to issue an arrest warrant?
1.A. Even though I live in KY, and the suit is filed in Indiana, will they be able to place me in debtors prison?

2. Since I cannot afford legal representation, and even 5$ a month would be a hardship when we are almost always behind on bills, and save change to help with electricity, fuel, clothing for growing child, etc, and since I do not have time to get Legal Aid to even consider helping me, is my responding to the court via a written response the correct course of action?

3. Any general information/assistance/ideas/knowledge you deem useful to impart?

I have 19 days from today, to attempt to either obtain help, or ensure I am making the correct choices.

Thank you, in advance, for any assistance, information, etc. I apologize in advance, if I posted in the incorrect forum, or caused some other issue. However, I/we are in dire need of assistance/knowledge.

Collection Lawsuits: Civil Suit Arrest Imminent, According to Constable

Retail Fraud / Shoplifting: Got Caught Shoplifting,arrrested in Store Went to Jail Waiting

My question involves criminal law for the state of: Florida

I am on the east coast of the state if that matters.

I was arrested in department store for shoplifting. I was taken by there security to there room and after they tried to get me to admit i took more other times. I was taken to jail and posted a bond of 150$ this is my 1st offense.

A week later 2 cops came to my door and the they said they had a warrant for shoplifting. I told them i was already arrested for that. They took me in and as we were going to the jail the guy looked and said Oh this is from months before. They looked on video and seen i took something back 4 months ago.

I again got bond.. I went to my 1st court date for the 1st charge and was offered for petty thief 6 months prob 10 hours com service and a small fine. This is petty thief so the DA said what they wanted right away. I said i would like a lawyer and got a public defender.

I then went to my next court date 2 weeks later for the other charge of petty thief and this time the DA said seeking 50 days.. Nothing else just 50 days... So i again said no and this time called a local public defender.

Since that time a few months ago my lawyer has went to court and i have not had to go.
The total amount of items was 50$ and the same amount the other time. But it is listed as 3 times petty thief.

I like others feel badly and never will again. In fact in Walmart i forgot to pay for some tape i left in my cart and was in my car and seen it and i went back in with it and paid for it so i am serious.

So My lawyer said he will wait it out till the end and try to get the best deal he can for me. He told me at the start he believes he can get get a good deal and no jail time.

I know someone who had 2 felony's for drugs Meth and Heroin and 1 mist of pot and ended up with them dropping the low charge and gave them 12 months probation and comm service and some classes.

Mine are petty thief 1st time offenses not felony's. So my question is should my lawyer be able to get them off the 50 days? i mean 3 counts of petty thief 50 days vs someone who had felony' drugs and got probation.

I have a house to run i have kids who need me i am the one who only knows how to pay the bills drive the car. I have no wife just my older daughter. I also take for 40 years now a medication that keeps me stable minded. This med is now on the list of you have to have a script it can't be called in. Plus when i was in jail waiting on bail i was told they do not supply that.

I would not last 3 days let alone 50 days without the meds that they will not supply plus i have to care of my Gran Kids and my Daughter since they do not have a father living here. Yes i was stupid Yes i should have thought and wish i could go back to that day months ago and never went into the store.

My lawyer has not said much to me these past 3 months of pre trail continues. He last told me a week and a half ago that if he can work out a deal i would go to court with him last week and if not i do not have to go. Well his Secretary called me that day and said you do not have to go.

Now i see the next court date as docket sounding set for a month from now. Then a trial date 2 weeks later. My question is i am getting scared. I know my lawyer said we have to wait it out to get the best deal but what do you think the chances are or what he is even trying to get? I said to him that i would be happy even if i got the work 1 day a week program instead of jail or if need be house arrest and he said he thinks we can do better then that.

Again nobody needs to tell me how stupid i was i can't change that i can only change the future. But i do not want to spend time in jail if at all possible. Is my lawyer just waiting it out till the next date? Anyway i have not ask him as i am the type that no news is the best news and my BP has been really high that my meds had to be upped and my stress level as well.

Also on my court records it does state 1st offense 2nd degree mist.

Thanks for the time worried east coast Fl.

The judge even said if jail time you can always try for house arrest or even a program where you work 1 day a week for the county.

I do not mind the probation fines community service if they want but the jail time i really and praying he can get it off. What do you think my chances are?

Retail Fraud / Shoplifting: Got Caught Shoplifting,arrrested in Store Went to Jail Waiting

Rental Agreements: Use of Apartment Garage Violating Rental Agreement

My question involves landlord-tenant law in the State of: California

Among discussing with other neighbors, we are really appalled by the Landlord's lack of will to correct an issue of one specific Tenant that has decided to violate their lease agreement, but which is affecting the lives of those around them on a daily basis.

The Residential Lease Agreement clearly states that the garage is to only be used for the storage of the Tenant's vehicle. And, it specifically states that the garage is not to be used in such a manner where it is being occupied. However, the problem is we have one specific tenant who has chosen to violate the Residential Lease Agreement and is using the garage only for storage. They also spend a lot of time sitting it in it. It's as if they live in it. And we are stuck with all not really knowing what to do about it since the Landlord has for the most part said, "Ehh, I don't care"? They rather sort of just ignore it it seems.

Some may think casually, "Ehh, so what the Tenant is just storing stuff in the garage". And typically we would agree. We could care less if a Tenant wants to use their garage for storage as long as it doesn't bother anyone else in doing so and the Landlord doesn't care.

But, in this case, their storage use and use of the garage in many ways is really bothering a few of us that live near to them. And, the truth is the Lease Agreement states clearly states that they shouldn't be using it for storage at all. They are occupying the garage, making a lot of noise doing so, causing banging noises in the garage, working in the garage, having events in front of the garage while occupying it (note: they do not sleep in the garage, but spend a lot of time in it all the time, everyday, and even more on the weekends). And all of us are really tired of it. And when reviewing the Lease Agreement, it clearly states that the Tenant (like all of us in the community) are only to use the garage for the purpose of storing our vehicle and nothing more. We all agreed when we signed the Lease Agreement that we would all abide by using the garage in the way it was intended. Despite bring this to the Landlord and letting them know where this Tenant is violating us and the Lease Agreement, they have done absolutely nothing about it. So we are sort of all stuck now, all because one Tenant chooses to care less about the neighbors around them and do whatever they want to do and where the Landlord essentially allows the problem to fester.

Question #1: Can someone help us to understand what benefit we would gain by perhaps having a Lawyer contact the Landlord? We are thinking that since the Landlord is essentially ignoring us, perhaps a Lawyer would be able to achieve obtaining at the very least why they are not doing anything about it? But maybe the Landlord will just ignore the Lawyer as well? Can a Landlord ignore a lawyers request for info? What benefit can getting a Lawyer involved have in such a situation?

Sure some here may possibly say, if you don't like the management, then you can move. But, since this is affecting a few of us, it seems reasonable for us to possibly look into getting a lawyer that may at least get some feedback from the Landlord as to why they won't do anything. If anything, by doing so, we would imagine that they at least a Lawyer could make some further progress than we are able to do on our own. It also may help to sway the Landlord to take the issue also a bit more seriously than just ignoring us. Reality is, all of us are just not going to move. So we either have to suck it up and continue to suffer, or we try to do something about it. The question is what and how?

Question #2: Assuming having a Lawyer can have some positive effect, what type of lawyer should we essentially be looking for? Tenant Law Lawyer? Or is there a specific term or type of a Lawyer that would most be interested in helping us to see how we can do something to help us resolve this problem?

If there is any other way someone can think of in how we can approach this problem, please let us know too!

Rental Agreements: Use of Apartment Garage Violating Rental Agreement

Federal Taxes: Can I Claim 3 Kids That Live with Me and I Support if They Are Not My Relatives

I have lived with my fiancé for 5 years now. In 2013 we won sole custody of his 3 children. They have lived with us ever since and have seen their birth mother once in the last 3 years.

When we got custody it became clear that one person would have to stay home full time because one was a toddler, one had Autism, and one suffered from PTSD (he was afraid to leave the house and would wake up screaming in the middle of the night) as a result of their mother's boyfriend skinning a still-alive deer in front of him. We made the decision that he would stay home, since he was their father and I was little more than a stranger to them. I also made twice what he made, so it was the better option.

Fast-forward to this year when I filed taxes. During 2015 the kids lived with my full-time and I provided 100% of their support, aside from medical expenses that their insurance covers. I claimed them on my 2014 taxes without issue and this year I am being audited because their mother claimed them in her state, even though it's been 3 years since she's seen them.

Going through the paperwork they sent I see that I must provide letters from healthcare providers and the school to prove that they lived with me (I have this). But we are not legally married and therefore they are not technically my step-children, even though I have acted and been seen by them as their mother for 3 years.

I guess my basic question is, what is the best way to handle this? No matter what their mother did not support or even see them during 2015. I lived with them and supported them, among other things, but I am not legally related to them. I am afraid that I will be penalized and barred from ever using EIC again. However, it does state that I "may still be eligible for EIC without a qualifying child." And I also received a letter stating that I "may be eligible for additional child credit".

What are the best documents to provide? I want to provide as much as possible to illustrate that I financially supported them.

Can I legally claim these 3 children?

Am I in any trouble?

Federal Taxes: Can I Claim 3 Kids That Live with Me and I Support if They Are Not My Relatives

Driving Records: Expunge DMV Record

My question involves a driver's license issued by the State of: Minnesota

So I'm going to be switching my license to Wisconsin soon just as an FYI. About a year n half ago I was pulled over charged with a DUI when I went to court it was reduced to a careless driving record. At the time I wasn't concerned about a ticket like that on my record. Now things have changed with a new job. My current job if I get a class B or A CDL its a significant pay raise and will help me validate my importance to the company brining me more hours in the slow season. Is there any way to expunge that ticket? I am eligible by law to get the license but the companies insurance will not let me drive a company vehicle till that ticket comes off my record.

Thank you
Mike

Driving Records: Expunge DMV Record

Disability Benefits: Reporting Husband's Health Changes to SSI

My husband is currently receiving SSI for previous health issues. His health took a turn for the worse and now he is in a long term acute care facility on a respirator and in a coma. He recently received a redetermination request for information from Social Security and I'm wondering if I should respond. The letter said if he doesn't respond, they will discontinue his benefits. Although he doesn't get much from SSI, that money is being used to pay bills.

What should I tell them? Will they cut off his benefits? What will happen next?

Disability Benefits: Reporting Husband's Health Changes to SSI

Warranties: 3 Parties Invovled and I Don't Know What to Do

My question involves a consumer law issue in the State of: England UK

We had some work completed on our house, as part of the work the gardener hired a skip. The skip sunk into the drive. The drive is on a new build house which is out of it's 2 year warranty period by 3 months. NHBC does not cover this nor does my home insurance.

There are other houses on the estate that are having their drives replaced due to sinkage.

I have contacted the house builder who said that the skip did not sink and that they would not cover it. I have photo's to show the skip had sunk.

Who is to blame - the house builder, the skip company or the company who hired the skip. I am going round in circles.

Warranties: 3 Parties Invovled and I Don't Know What to Do

Rental Agreements: Adding a Child to a Rental Agreement

My question involves landlord-tenant law in the State of: I am a landord over a property in Ohio. My tenant just moved in a few months ago. In her application, she listed her 14 year old daughter as an occupant so I was aware that she was going to be living with her for part of the year. However, I did not add her daughter to the rental agreement since she is a minor. The tenant is now wanting me to add her daughter to the lease for school registration purposes since the daughter's last name is different. Is this legal? I know that the daughter does not have to sign since she is a minor. But am I allowed to add her name to the lease or should I just add a clause to my agreement saying that she is an allowed occupant?

Rental Agreements: Adding a Child to a Rental Agreement

Establishing Paternity: How to Establish Paternity with Foreign Father

Im a US citizen and resident and I'm pregnant with a man who is a Maltese citizen but Czech resident. How do I establish paternity when the baby is born? He doesn't want to claim the child. Thank you.

Establishing Paternity: How to Establish Paternity with Foreign Father

Interstate Issues: Out of State Custody for 2 Year Old

My question involves a child custody case from the State of: Arizona

My son's father and I are both originally from Michigan, but we both moved (him first, then I a year later) to Arizona. We got pregnant as soon as I moved to Arizona, but things didn't work out and now I want to move back to Michigan with my son....which we had both agreed to do previously. His father is fine with me moving back, but now, has no plans to move back himself. He wants 50/50 custody of our 2 year old son. Will courts grant this? I cannot imagine being away from my son for half the year. Also, I feel like being away from either parent for that length of time is not good for the child. He says that there is nothing for him in Michigan, even though we were both planning on moving back before we broke up, but now he doesn't want to go and I still plan on leaving. Moving to Michigan would be beneficial to our child and for me as well. All of both of our families live in Michigan and I do want our son to know, and be around, both sides of the family. I am even willing for his father and I to move to a different, agreed upon, state all together (different households of course) that is closer to Michigan so that our child can still see all of his other family members regularly and his dad as well. Am I being unreasonable? Am I wrong for sticking to the plan that we both had previously? Is 6 months away from either parent detrimental to the child. Please help!!

Interstate Issues: Out of State Custody for 2 Year Old

Can My Dad Court-Order Me Back to the USA from Australia

So I'm turning 16 in three weeks, and last year, on the 16th of June I went to visit my real mother, who I haven't seen in years, since I was about six, for summer break. My father, who I loathe, gave me the choice and said if I like it, I can stay. Well, he's a prick, and life is way better here in Australia, so I told him I'm staying, got Aussie citizenship, and now have dual citizenship between the USA and Australia. So my mother owes my dad a few thousand in child support, and said he's going to get the courts to order me back to the USA. Is this possible? Can't I make my own decision? I mean, I'm almost 16! If you don't know, could you please do a bit of research for me?

Can My Dad Court-Order Me Back to the USA from Australia

Collection and Enforcement: I Won a Case Against My Landlord, but He Represent Himself As "Trustee"

My question involves court procedures for the state of: Californias

Hello and thank you for taking the time to read this. I'm going to try to keep this short for you. My husband and I moved into this guest house and in the beginning they had us believing they were a property management company and they're renting out a house for somebody else . Come to find out a few horrible months later and a law suit that his dad owns the house and his " Partners and board members " in the company are his girlfriend, brother, dad and friend. So a lot of bs happened and he knew I was going to start a suit against him so he took the liberty of starting one against me first for a bunch of BS that the judge saw right through. Needless to say I counter sued him and won our counterclaim against him. Here Comes the problem he represented himself as "trustee" and said the was a trust, now with that said what do I do. According to the county of San Diego the house is owned by his dad every document that I've seen at the County assessors office and recorders office has just his name and nothing about a trust. What do I do?

Again thank you for your time and please help us, this is all new to us, we feel like the fat kid at the salad bar

Collection and Enforcement: I Won a Case Against My Landlord, but He Represent Himself As "Trustee"

Subleases: Subletting Notice

My question involves landlord-tenant law in the State of: Wisconsin

I have asked my leasing office to sublet (current lease valid till Feb 2017) my apartment and have signed a document agreeing my leasing office to show my apartment for prospective tenants. Yesterday I got a mail saying that my apartment is subletted but I have not been intimated at all. Now that I want to hold back my apartment, my leasing office is not agreeing to it.

Subleases: Subletting Notice

Other Offenses: Can a Judge Charge You with Crime at His/Her Own Discretion

My question involves criminal law for the state of: MI

Does a judge have the ability to file charges at his/her sole discretion without the advisement of prosecution? For example, if a petitioner in a civil case (i.e. restraining order hearing) or alleged victim in a criminal case presents new information or allegations at a pre-trial or restraining order hearing about new, previously unreported crimes during their testimony, can the judge for that case pursue charges independent from recommendation of state prosecutors?

Other Offenses: Can a Judge Charge You with Crime at His/Her Own Discretion

Deprivation of Civil Rights: City Jail Refused to Treatment (Mri or Pain Meds) for a Ruptured Achilles

My question involves civil rights in the State of: Washington

On April 19th 2016 while serving 14 days for a Physical Control conviction I ruptured my left Achilles while playing basketball. The night nurse gave me an ice pack and ace bandage, she told me the doctor would take a look at me in two days. The next morning the lead nurse told me I had not injured my Achilles because she had ruptured her Achilles previously and I would be in greater pain and would not be able to walk. Later around noon the doctor came to examine me and confirmed a rupture of my left Achilles and stated I would need a MRI but the city of Kent, Washington would not be willing to pay for such procedure. I told the doctor I had personal health insurance to cover the cost of the MRI and this was Wednesday the 20th of April, the doctor stated she was leaving for vacation and would not be able to submit the medical referral until Monday when she returned from vacation. The doctor asked the nurse for a boot to stabilize my foot and the nurse responded "they only had one and it was in use". Monday evening I submitted a medical kite requesting a status update on my MRI referral, the next morning I was transferred to Home Detention for the remainder of my sentence which was 8 days until May 3rd 2016. I was authorized to visit my primary care physician who again confirmed a ruptured Achilles of my left leg, I then was refereed to visit a Orthopedic Surgeon to make an appointment for a treatment plan of surgery. I also informed the Jail Home Detention staff I was provide a prescription for pain (Hydrocodone) and the officer told me I was not authorized in any way to take pain medicines and I would have to wait until I completed my sentence to have the surgical procedure because this would require me receiving pain medication during and after the procedure which is not authorized.

It will be 3 weeks since the injury without any pain medication, I have been unable to sleep or eat on regular do to the pain I am experiencing. I want to know is this legal for them to prevent me from receiving medial attention and I know the longer I wait the worse the recovery and damage that can be don due to my foot not being stabilizes.

:grumpy:

Deprivation of Civil Rights: City Jail Refused to Treatment (Mri or Pain Meds) for a Ruptured Achilles

Drug Possession: Possession of Paraphernalia in Illinois, Cook County, Mount Prospect

My question involves criminal law for the state of: Illinois

I am 22 and have been cited for possession of paraphernalia (local ordinance, NOT ILCS) in Mount Prospect, Cook County, IL. After smoking pot from a glass pipe I was sitting in my car (it was on since it was cold, but in park) at 10pm on a street not too far from my house, and a undercover cop pulled up to me and was asking what I was doing there. I told them I was not doing anything just looking at my phone. They said that I looked suspicious and that they could smell weed so they asked again what I was doing there so I told them that I smoked there a bit earlier. They asked me if I had anything in the car so I gave them the pipe and I told them that I had nothing else. They decided to search anyways and found 2 more pipes (which i completely forgot about cause my friends left them in my trunk as they could not keep them at home, I know that I cannot claim that none of them were mine). One of the officers accused me of being on pills and other drugs and kept asking me where they are. I have never done anything other than pot and I told him that multiple times, he finally believed me after the search. They searched me but did not find anything on me, however at some point he did reach into my hoodie pocket cause he saw some plastic foil, he thought it was a baggie with stuff but it wasn't, I heard that they can not reach into your pockets during a search, is that true in this case? I was not caught with any weed, just residue on the pipes. I have never been arrested or caught with anything. Since I complied I was not arrested and they just gave me one ticket for possession of drug paraphernalia which says I violated Chapter 23 section 115A of the municipal code (not the ILCS):

23.115: CONTROL OF CONTROLLED SUBSTANCES AND INSTRUMENTS USED FOR INHALING OR INGESTION OF CONTROLLED SUBSTANCES:
A. Possession, Selling Unlawful: It shall be unlawful for any person to have, possess, sell, offer to sell, dispense or give away any pipe, device or contrivance adapted for the use of smoking or inhaling any controlled substance, which said pipe, device or contrivance is herein defined as an "instrument"; provided, however, that such pipe, device or contrivance defined herein as an "instrument" has been used for the purpose of smoking or inhaling or ingesting a controlled substance.
D. Penalty:
1. A violation of this section is hereby declared to be a public nuisance and shall be subject to abatement as provided by law.
2. Any person that shall violate any of the terms of this section shall be fined as set forth in appendix A, division III of this code. In cases of illegal display, a separate offense shall be deemed committed for each day such violation continues to exist. (Ord. 3424, 6-5-1984; amd. Ord. 5189, 5-15-2001)

I tried looking for the possible charges I could get and this is all I could find:
Section 23.115: CONTROL OF CONTROLLED SUBSTANCES AND INSTRUMENTS USED FOR INHALING OR INGESTION OF CONTROLLED SUBSTANCES:
Fine: Not less than $200.00 nor more than $1,500.00.

My questions are:
How much money and what consequences do you think i'm facing?
I am okay with paying the fine between $200 and $1500, but can they charge me with a misdemeanor?
The cop told me if anything I would get a fine and community service but it doesn't say anything about community service in the penalty section.

Can they give me probation for this?

Should I get a lawyer and try to get one of the charges dropped?

Any advice? Since I didn't get arrested is it an easier case?

Drug Possession: Possession of Paraphernalia in Illinois, Cook County, Mount Prospect

Trademarks: Does the Other Guy Have a Valid Trademark

I recently recieved a C&D letter from another photographer in my area for using his "trademark". He started using the term to describe the photography product/service a couple years before I went into business, but he only started marking it with the "TM" symbol and registered with the USPTO last month. The term is very generic and descriptive and I don't believe it's a valid trademark. The first word is the thing in the sky behind the people in the photograph, and the second word is "portraits". Similar to "sunset portraits" or "milky way portraits". I saw it as a mere description, and I do a similar style of portraits, so I used the same term. It would be extremely difficult to describe my services without using this term. I don't think the term will hold up in court, but I want to be as sure as possible before I invite a suit. My biggest concern is that he was around first and the only one in the area doing this type of service until I came along. Is that enough?

Trademarks: Does the Other Guy Have a Valid Trademark

Change of Ownership: Does Interest on a Security Deposit Carry Over when a Building is Sold

My question involves landlord-tenant law in the State of: New Jersey

I started a thread on a security deposit but there has been a development and I thought it would be best to start a new thread.

When an seller sells their residential building, along with the building, the seller has to transfer the security deposits to the buyer. The buyer is required to set up accounts for the security deposit. Now does the interest for the security that was accumulated when it was in the seller's hands carry over to the buyer? Or are they straight security deposits?

Change of Ownership: Does Interest on a Security Deposit Carry Over when a Building is Sold

Termination of Support: How to Stop an Income Witholding Order

My question involves a child custody case from the State of: Arizona

My son just turned 18 this month and he is graduating in high school in May this year. I am current in my payments but with arrears of $1,375.00. My divorce was decreed before the 2005 law that provides automatic termination on IWO as soon as the child reaches 18 y.o. What do I need to do in order to stop the IWO order.

Termination of Support: How to Stop an Income Witholding Order

Retailers: Customer's Leaving Machines at Our Shop

My question involves a consumer law issue in the State of: North Carolina

We have a few customers that leave their items at our shop after they are repaired, or because it costs too much to repair. We have everyone sign a worth authorization that states after 15 days of a machine being left it is considered abandoned:

"If you have not claimed your product and paid all charges due within fifteen (15) days of the date of this repair seen above, Company will consider your product abandoned. Company will provide such notice to you at the email address you furnished when you authorized the repairs. Company may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. Company reserves its statutory and any other lawful liens for unpaid charges."

This is signed by all customers. We call customers when their product is ready and send daily emails.

My question is when can we abandon the products legally, the law from NC (attached below) says 60 days but only for products under $500 and we deal with products worth more than this. Also we email as we do not get mailing addresses.

Thanks for your advice.


§ 66-67.1. Disposal by repair businesses of certain unclaimed property.
(a) Disposal Authorized. – Notwithstanding the provisions of Article 1 of Chapter 44A of the General Statutes, a person who repairs, alters, treats, or improves personal property in the ordinary course of his business pursuant to an express or implied contract with an owner or legal possessor of the personal property may, upon compliance with the notice requirement of subsection (b), dispose of any personal property of a value of five hundred dollars ($500.00) or less, other than a motor vehicle, that has not been claimed by the owner or legal possessor for a period of sixty days or more after his receipt of written notice that the property is ready to be claimed.
(b) Notice Requirement. – The repair business shall, at the time the property is surrendered, have a written notice of dimensions of not less than eight and one-half by eleven inches prominently displayed in a conspicuous place in the office or shop where the property was surrendered containing the following message: "NOT RESPONSIBLE FOR GOODS LEFT ON HAND FOR MORE THAN 60 DAYS". When the property has been repaired or otherwise processed, the repair business shall notify the owner or legal possessor of the property, by certified mail with return receipt requested, that the property is ready to be claimed.
(c) Liability. – A person who disposes of property in accordance with this section is not liable for damages to the owner of the property disposed of.
(d) Definitions. – As used in this section, the terms "legal possessor" and "owner" have the meanings provided in G.S. 44A-1. (1987, c. 386.)

Retailers: Customer's Leaving Machines at Our Shop

Collection Lawsuits: Collection from a Family Member

My question involves collection proceedings in the State of: Texas and Florida
I live in Texas and my son lives in Florida. When he was out of work, I loaned my son over $16,500.00 with the expectation of him paying me back after he got a job. He did get a good job and no matter how much I ask him for payment, he ignores my plea. This has been going on now for about 6 months. There was no contract signed. What can I do?

Collection Lawsuits: Collection from a Family Member

Foreclosure: Received Summons Regarding Foreclosure of Deceased Family Member

My question involves real estate located in the State of: Florida. Today I received a summons from Florida (I live in Nevada) in regard to the foreclosure of my late step-mother's house. I am listed, along with my siblings, as a defendant. The property is now owned by the estate of my step-mother. My step-mother had no money in the bank when she passed away and no payments have been made since that time. As there is no money in the estate and my step-mother's name is the only one on the the mortgage note, I'm fairly certain the bank can't come after me or my siblings for the amount due. I have no interest in the property and am fine with the bank foreclosing on it. Does anyone know if I have to respond to this summons if I have no interest in the property? Will not applying affect me negatively in any way? Thank you.

Foreclosure: Received Summons Regarding Foreclosure of Deceased Family Member

Retailers: Can You Ge a Discount on a Prior Order After a Merchant Cancels a Later Order

My question involves a consumer law issue in the State of: New York

First time here and don't know where to start. So if I bought some items on sale online and my order was shipped but never arrived. The company later refunded me without my consent because some of the items are out of stock. Do I have the right to request the same discount on the rest of the items in my previous order? Plus the discount was only for vips' purchases within that time range, if this makes any difference.


Thanks.

Retailers: Can You Ge a Discount on a Prior Order After a Merchant Cancels a Later Order

Traffic Accidents: Car Accident, Not at Fault, and Now Back Pain

My question involves an injury that occurred in the state of: MA

I was in an accident involving two other cars, I was rear ended at considerable speed due to another driver rear-ending the car behind me (domino effect). A few hours later, I noticed I am having very uncomfortable pain in my mid to lower back that I never had before. Driving and sitting causes uncomfortable pressure, etc.

I am looking for guidance on what steps I need to follow to document everything in case any out of pocket costs of expenses arise from this, and if I need professional help.

I am going to see a Dr. ASAP, but what steps do I need to follow to get this information recorded? Do I just handled everything through my insurance company and they will work with the other insurance company to work through my claim? Do I need to hire a lawyer? I am missing time from work, and am assuming I will have medical costs.

To make matters worse, they totaled my car and now I will have an added expense of having to purchase a new car as I am sure the insurance company will not give me enough money to get a similar car.

Any tips, suggestions, etc are much appreciated.

Traffic Accidents: Car Accident, Not at Fault, and Now Back Pain

Survivors Benefits: How to Get Child Back Pay if Mother Didn't File Until 2 Months Before She Turned 18

So my girlfriend's dad died when she was 3 and her mother never filed for his benefits, 2 months before she turned 18 she made her mother file to help with college costs, is she eligible for back pay or how would she go about getting these benefits? Also her dad served as special forces for 20 years but didn't die while still in the military, so she falls through the cracks concerning those routes.

Survivors Benefits: How to Get Child Back Pay if Mother Didn't File Until 2 Months Before She Turned 18

Emancipation: Good Enough Reasons for Emancipation

My question involves juvenile law in the State of: Illinois
Hi, I have been looking online for a few months now on the topic of emancipation, but I have not contacted anyone in the field about my questions because I'm unable to. Help here would be great.
I'm a 16 year old girl, I live in Illinois with my biological mother and adoptive father. The main reason I'm wanting to be emancipated is because I'm a lesbian and my parents discriminate against me. They do not let me see my girlfriend. My parents don't accept my life choices and have, in fact, sent me to several counselors/therapists to "try to change my life choices back to the correct ones," as they said. Besides that, I'm forced to participate in church/religious activities every week. Not that I mind church, it's the fact that the church discriminates against me as well and wishes to change me. In their eyes, I'm a follower of the devil. I wouldn't care what they thought about me if I wasn't forced to go to church every week, but since I am it just makes my life a lot harder and it degrades me personally. Even further, my adoptive father has been verbally/emotionally abusive all my life. Up until a few years ago, he was physically abusive as well. Since my parents found out I'm gay, they have restricted my social life greatly. That being said, I have gone against their will and have been decently rebellious the last couple years because they have discriminated against me so much. From their point of view, I can see why they have put restrictions on me, but I don't agree with them.
I don't know my biological father, but if it'd be a good option for me, I'd be willing to contact him. I am in contact with his side of the family, just not him.
Currently, I have a stable part time job. I have places I could live. Not that I would rent an apartment, but I have several friends I could move in with. I will graduate high school in December of 2016, so after that I won't have any school related obligations. I'll only be 17 when I graduate, even if I graduate at the regular time in May--no matter what I do, I'll be 17. After I graduate I will plan on leaving. I can hang on until December, but after that I'm planning on leaving whether I'm able to be emancipated or not.
Any help or input would be greatly appreciated.
Thank you.

Emancipation: Good Enough Reasons for Emancipation

Relocation: Custody with a Diseceased Parent

My question involves a child custody case from the State of: South Carolina

My son lives in Florida. He has just been released from prison. He was in a work release program and has managed to save money as well as pay his debt to society.
While imprisoned the mother of his 8 and 10 years died unexpectedly in South Carolina. She resided there with children. The mothers mother ( grandmother) has had custody of children since her death in 2015.

My son would like to have custody of the children and live in Florida. He has a home and employment.

The grandmother wants to adopt the children.

What advise do you have to prevent the adoption?

Relocation: Custody with a Diseceased Parent

Change of Ownership: 90 Vacate Notice Section 8 Month to Month, New Owner

My question involves landlord-tenant law in the State of: california

Hello,

Does a 90 vacate notice given to a current section 8 tenant (living month to month) due to the sale of the home roll over to the new landlord when the sale is completed, if the current tenant is still occupying the property after the sale is completed? This is not a forclosure sale. I am the new owner currently in escrow, and I will not be renewing a lease with the section 8 tenant as I have no desire to be a section 8 landlord. The state is California.

Ex. if the tenant was given the 90 day vacate notice 30 days prior to the open of escrow, and escrow took 30 days to close, does the current tenant have only 30 days to vacate the home?

Change of Ownership: 90 Vacate Notice Section 8 Month to Month, New Owner

Modification of Custody: Can an 18 Year Old Be Given Custody

My question involves a child custody case from the State of: Florida

Hi, my father is severely ill in the hospital right now, and being moved to a long-term care facility soon. He has been sick for a long time (2-3 years, though it just got really really bad) and has denied long-term care before so he could come home and take care of his kids. It's been about 3 weeks since he was admitted into the hospital, and already my grandmother is talking about giving custody to my mother, despite being told that he will eventually be able to come home on his own.

My problem is that my mother is not the best place for us. I don't want to go into too many details, and none of it involves outright child abuse (nothing the court would really disapprove of) but I know that she is not going to be a good parent for my siblings. She rarely pays attention to her children and seems to regard us more as fun dolls then as things she has to take care of. I don't want my siblings growing up in an environment like that, and they don't fully understand because they've never had to really stay with her long-term.

I will be turning 18 next month, and I know I can handle caring for them, as I've been doing it on my own ever since my dad got severely sick. I know my father will leave the hospital over all of this, and I desperately don't want him to, so we need insurance on the kids staying right where they're at. Is there any way he can sign over his parental rights/custody (and possibly power of attorney) to me instead? And if he does, do we have to get it approved by a judge?

Modification of Custody: Can an 18 Year Old Be Given Custody

Speeding Tickets: If the Officer Didn't Fill in My Vehicle Info on the Ticket, Should I Fight It

My question involves a traffic ticket from the state of: Pennsylvania

I was stopped for driving 41 in a 25 mph zone. The officer gave me a break and wrote out the ticket for going 30 in a 25 mph zone, so I should avoid getting points. The fine and costs aren't onerous at $138. However, the fact that he did not fill in any info about my vehicle makes me wonder if the ticket is even legal. I would hate to pay it if I don't have to.

Speeding Tickets: If the Officer Didn't Fill in My Vehicle Info on the Ticket, Should I Fight It

Estate Planning Issues: Admin Fee and the IRS

My question involves estate proceedings in the state of: VA
I’m the administrator of an estate that has not been submitted to the commissioner as of yet. I’m ready to submit and make the final distribution to the hairs but waiting for the one year anniversary, which will be in two months. I’ve taken my fee which is sizeable. My question is at what point do I notify the IRS of this fee so that taxes can be paid?

Estate Planning Issues: Admin Fee and the IRS

Traffic Lane Violations: Failure to Maintain Lane Ticket After Getting Hit Merging In Front of a Stopped Car

My question involves a traffic ticket from the state of: GA

1. Turned right from a stop sign, entering right lane of major roadway.
2. About 100yd ahead is a red light were I need to turn left.
3. The turn lane ahead (where I need to go) is clear. The left lane ahead is full of cars, blocking me. The right lane ahead (where I am) is empty.
4. As I slowly pull forward in my right lane and turn on my left turn signal, the light ahead turns green and traffic begins to move.
5. I am following along in the right lane, waiting for a gap to open on my left so I can enter the turn lane.
6. A car in the left lane is not moving, and a sufficiently-sized gap appears.
7. I judge that it is safe to merge to my left, and I begin merging slowly along with traffic.
8. Before I can complete my merge, my vehicle is struck on the rear driver-side wheel well just behind the door by the car behind me in the left lane, the same one that was previously stopped.
9. Both vehicles pull off the road into a nearby parking lot, and police are called.
10. Police arrive and interview both parties, and I am cited for 40-6-48, Failure to Maintain Lane.

Can I fight this? I saw a clear gap and judged that it was safe to merge. Traffic was moving slowly and I signaled way in advance, so there should have been no surprises for anyone involved. I get the feeling that this is gonna be a he-said-she-said, that the court will ultimately side with the officer's initial citation, and I'm just SOL.

Traffic Lane Violations: Failure to Maintain Lane Ticket After Getting Hit Merging In Front of a Stopped Car

Disciplinary Issues: Does an Employee Have the Right to Participate in the Disciplinary Process

My question involves labor and employment law for the state of: Indiana
I had a minor fender bender in a company vehicle.
Can my employer legally review my incident, pass judgement on me and assign points to my work record without my knowledge or participation in the review process?

Disciplinary Issues: Does an Employee Have the Right to Participate in the Disciplinary Process

Sales Agreements: "Other Charges" on Sale Contract - Etching and Wheel Lock

My question involves a consumer law issue in the State of: Michigan
Actually the dealer answered my question so I'm all set now.

Sales Agreements: "Other Charges" on Sale Contract - Etching and Wheel Lock

Contracts and Agreements: Mother's Rights

My question involves independent contractors in the state of: My husband & I have been separated for quite some time now, he visits our three kids on the weekend an if they decide to go to his house, they do & he brings them back for school. Well he brought my 7 year old son back in the middle of a week because he had been sick an I informed that I was working he would have to watch my 7 year old Autistic son. He refused and dropped him off at school. My kids are 7, 12, & 14. They get home off the bus at 4:45 I got home after work at 6pm. Apparently someone reported me to DHS because of this. Now my husband has kidnapped my son, removed him from his current school and now I don't know where he is an his father will not return my calls. How can a Father just kidnap our child an never ever let me see him ever again? Another question how do I prove myself to DHS & My 14 year old is off Legal age to babysit his 12, & 8 year old brother for two hours. I am a good mother, I work hard to provide for my kids. What are my rights as a Mother? I want to see my son, I don't have alot of money, I'm fixing to file for divorce but I can't afford to go to court. What are my options an what can I do?

Contracts and Agreements: Mother's Rights

Probation and Parole: Probation Release Date

My question involves criminal law for the state of: Michigan

As of May 6th, 2016 my probation is terminated, according to my PO. She told me I had to call to see if I needed to test on this day. But I don't need to call on the 7th. Does that mean that I am safe to do as I please after the 6th? While waiting for my probation papers to come in the mail do I have anything to worry about? Can the court take any legal action on me? Or am I out of their jurisdiction after the 6th?

Probation and Parole: Probation Release Date

Loan Agreements: Lending Money to a Partner for Large Home Repair

My question involves collection proceedings in the State of: Florida and California

My partner and I live in California. She inherited her parents home in Florida and has been renting it out for 7 years. It now needs a new roof and flooring, total of about $30,000. I am able to lend her the funds but want an agreement to repay the loan and collateral if she defaults or the relationship happens to end, etc. What is the best way to write this up and also secure a lien or other collateral using the property?

Loan Agreements: Lending Money to a Partner for Large Home Repair

Plea Bargains: Plead Guilty, Bad Attorney Advise

My question involves criminal law for the state of: Connecticut

Arrest Date 3/16/16
Plead Guilty 4/28/16

Hello, Im on probation for 3 years, a year into my probation, I caught a new case where that my car was searched and the police department found a little piece of MDMA in my car but put in the police report that they searched me and found it when i was searched and they found nothing and sat me back in my car but once they searched the person in the passenger of my car and felt something, they detained me until they finished searching the other person, they said they felt something on him but later had nothing to charge us with but possession of marijuana(2 bags of marijuana) that the other person admitted to having prior to being taken out the car and the tiny piece of MDMA they actually found under the passenger seat which they put they found in my pocket in the police report. Basically the case is bogus and because thebother person had a paid attorney, his charges was later dismissed at arraignment but being that im on probation, my public defender advised me to plead guilty to a VOP and possession charge and take a CAP in order to be released on a promise to appear. I surrendered myself as soon as i was aware of the warrant and was told i would get a PTA but not knowing my public defender was going basically sell me to the state for a PTA. I believe i was directed wrong and wrongfully accused. And not to mention, the public defender i originally had for the case hadnt showed up and i was represented by someone who i hadnt even had a chance to speak with except for 2 minutes while they passed my case. I need to talk to someone because i now have a conviction on my record that i dont believe I should have been convicted for. Please contact me

Plea Bargains: Plead Guilty, Bad Attorney Advise

Survivors Benefits: Help

I was involved with CP's case but I had my daughter returned to me in October well CP's sent her October check back to social security how long does it take for them to redirect those funds

Survivors Benefits: Help

Disestablishing Paternity: Can an "Unfit" Person Sign Paternity Papers

My question involves paternity law for the State of: IL

Hello. I have a 2 year old child by a man that I was not married to and am no longer with. I found out right after my daughter was born that he had been found unfit through Department of Children and Family Services in 2002. He did not comply with the necessary steps to regain his "fitness", and he never disclosed to me that any of this had even happened. I obtained an order of protection against him not long after my daughter was born. I have had no contact, nor has he had any contact with my daughter in over a year. He did sign her birth certificate in the hospital. My question is are there any guidelines or rules to a person who has been proven unfit to continue having more children? Are they even entitled to any rights to other children if already unfit? Do I have any legal ability to fight him having any rights to my child? He was originally given supervised visitation once a week, but he lost that option within 3 months due to failing to show up on time. He's made no attempt in a year to try to arrange for visits again, pay any support, or have anything to do with my daughter. I've recently heard that he has now become " fit" and is planning to take me to court. Any suggestions or advice would be greatly appreciated.

Disestablishing Paternity: Can an "Unfit" Person Sign Paternity Papers

Modification: How to Keep a PPO from Being Indefinitely Renewed by Ex

My question involves restraining orders in the State of: MI

I was recently notified of an order to extend a domestic PPO against me for an additional 2 years (already had one since 2013). I've lived in another state on the West Coast since the initial PPO was initiated. I was advised by my lawyer in MI to "ignore the hearing and turn my back on continued conflict." Due to this, I did not attend either the initial ex-parte nor the recent extension hearings to provide any sort of defense to my ex's allegations. I have had NO contact with this individual over the course of the entire PPO. I DO have a misdemeanor telephone harassment conviction involving her, and a domestic violence charge involving her, which I was found not guilty of in trial.

My question is:
1) Based on my aforementioned criminal history, will my ex be able to indefinitely renew her PPO against me even while I continue to live across the country and have absolutely no contact with her?

2) If another motion to extend is filed in 2 years, should I look for another lawyer and fly across the country to actually present a defense?

Modification: How to Keep a PPO from Being Indefinitely Renewed by Ex

Violation & Enforcement: Emancipation

My question involves rmancipation of a17 year old in the state of Georgia.
My parents have emotionally abused me. I have been put doen witb their hurtful words a lot. My dad flirts with me and its inappropriate. My mom calls me names all the time. None of this happens to my brother. Only me. Guess its because I screwed up in the past. But is this grounds for me to be emancipated? I can get a job.

Violation & Enforcement: Emancipation

Federal Taxes: Selling a House - Capital Gains Exemption for Unforeseen Circumstances

We have owned our house for less than two years and are selling our home. My wife was pregnant with twins when we bought the house, and the twins were born after we had owned and lived in the house for 3 months.

Can we claim this as an "unforeseen circumstance" and receive a partial exemption (even though we knew she was pregnant with twins when we bought the house)?

It would seem based on the explanation from the IRS website that the birth of multiples is a safe harbor event no matter when it occurred during the ownership and use of the property.


From the IRS website:

Additionally, the final regulations clarify that a sale or exchange by reason of unforeseen circumstances (other than a sale or exchange within a safe harbor) does not qualify for the reduced maximum exclusion if the primary reason for the sale or exchange is a preference for a different residence or an improvement in financial circumstances.

Under the temporary regulations, a taxpayer’s primary reason for the sale or exchange is deemed to be unforeseen circumstances if one of the following safe harbor events occurs during the taxpayer’s ownership and use of the property: (1) involuntary conversion of the residence, (2) a natural or man-made disaster or act of war or terrorism resulting in a casualty to the residence, and (3) in the case of a qualified individual, (a) death, (b) the cessation of employment as a result of which the individual is eligible for unemployment compensation, (c) a change in employment or self-employment status that results in the taxpayer’s inability to pay housing costs and reasonable basic living expenses for the taxpayer’s household, (d) divorce or legal separation under a decree of divorce or separate maintenance, (e) multiple births resulting from the same pregnancy, or (f) an event determined by the Commissioner to be an unforeseen circumstance.

Federal Taxes: Selling a House - Capital Gains Exemption for Unforeseen Circumstances

Divorce: Divorce

I am on H4 and my husband is on H1. Married for around 10 months. I want to divorce him and go back to my home. I dont want anything from him expect the puppy, that I have been raising for 6 months. How can i do it?? We are in AZ and been here for 5 months.

Divorce: Divorce

Speeding Tickets: Speeding Ticket in Redmond, Wa - Tuning Fork Serial 'S Don't Match

My question involves a traffic ticket from the state of: WA

I received a speeding ticket in Redmond WA. I filled out the discovery request form that Blewis created, though the clerk behind the window just handed it to me on the spot and gave me the form back. I Probably should have requested that they stamp it, but didn't bother since I had the police report. The clerk also said that they don't lose many speeding tickets.

I had a question about the serial #'s for the tuning forks on the SMD certificate vs the police report. The police report and the SMD certification have a different serial# for the 25mph tuning fork. It's most likely just a typo, but is that sufficient to get the SMD evidence suppressed? I would consider myself very lucky if that were the case, otherwise I am just going to request a deferral.



http://ift.tt/1SU7tig
http://ift.tt/21ieGJ3
http://ift.tt/1SU7tii



Would I just say something to the effect of "I move to suppress the SMD evidence due to ??????

Any insight would be appreciated.

thanks,

Speeding Tickets: Speeding Ticket in Redmond, Wa - Tuning Fork Serial 'S Don't Match

Rental Agreements: Paying for the Increase in the Security Deposit

My question involves landlord-tenant law in the State of: New Jersey

A relative of mine got notice to renew her lease and along with a rent increase, they are asking for an additional security deposit.

She is fine with the increase. But it is the increase in the security that is bothering her, so she asked me to look into this.

I did some research and I am not sure if she is required to pay for the increase.

A landlord is required to place security deposits in bank accounts that pay at least the regular rate of interest which is according to the law cited (N.J.S.A. 46:8-19, sections a, b, and c) The interest earned on the security deposit belongs to the tenant, and should be paid out in cash every year or subtracted from the amount of rent owed on each renewal of the lease. She has not received any interest payment since moving which was 10 years ago. Can they take the interest due and put it toward the security deposit increase? After ten years there should be enough interest to cover that amount.

Rental Agreements: Paying for the Increase in the Security Deposit

Disorderly Conduct: Criminal Mischief - Fire Extinguisher

My question involves criminal law for the state of: Florida.
Yesterday my friend and I were at a parking garage. We are both 18 and attend the University of Florida. It was our last day of the semester and we were with a couple girls and wanted to impress them. We thought it would be cool to take some fire extinguishers that were there and spray each other with them. And that's exactly what we did. Maybe 5 secs after we sprayed the fire extinguisher, security came and made us wait until the police came. The cops charged us with Criminal Mischief and we now have a court date. However, this morning we went to the owner of the parking garage and explained our situation and how sorry we feel and he said he would not press charges. I'm not sure what that means, do we still have to go to court? Will this still give us a criminal record? Is there anything we can do?

Thank you..

Disorderly Conduct: Criminal Mischief - Fire Extinguisher

Parking Tickets: Ticketed for a 'No Stopping or Standing' Violation at a Stop Sign

My question involves a traffic ticket from the state of: New Jersey

Hello. I was driving down a two-lane local road leading to a NJ Transit train station, with my wife in the passenger seat. We recently moved here and I was dropping her off to catch the train for work. She was running a little late. There was a stop sign at the end of the road, but the road itself had 2 'No stopping or standing' signs. She told me it would be much easier to just get off there and walk, instead driving to the station's designated drop off area, which was on the other side of the station, past a bridge with heavy morning traffic. I didn't think we could stop, given the signs. When we reached the end of the road, there was a stop sign, and the cars in front were taking turns stopping to turn right. It took a few seconds for each car, given the traffic on the 4-lane road they were merging into. We waited behind them, 5th in line. Then a few seconds later, 4th in line. That's when my wife suddenly opened the door and got off. Then I moved on to 3rd in line, etc. until I made the turn myself. I must have gone another hundred feet, when I was pulled over and ticketed for violating the 'No stopping' sign.

I have a dash cam and I reviewed the feed when I got home. It clearly shows that I kept moving whenever I could, only stopping when the car in front of me was fully stopped.

Can I contest this ticket based on my dash cam feed? Or does a disembarking passenger automatically indicate a violation of a 'no stopping' sign even if I only stopped whenever I had to?

Parking Tickets: Ticketed for a 'No Stopping or Standing' Violation at a Stop Sign

Case Scheduling: Has My Court Date Been Changed - Received No Notification

My question involves court procedures for the state of: Virginia - in Civil Circuit court


On 4/23, I received a court order/motion from the county attorney about property violations (my newly erected pickett fence and an old car) which stated I had to appear in court on 5/2.

So this morning I checked the state court website to confirm the date and time because I'll need to take off work that day. To my surprise, it appears the court date and case type was changed on 4/24 and I'm left totally confused. Based on the time frame of when they originally filed everything and I got the court order/motion in the mail, I suspect I won't get any new documents until after 5/2. Personally, I find that odd and incompetent on their end.

I tried calling the court clerk's office but they use some automated thing so I have to wait for someone to call me back. Apparently, from the automated message, they get so busy that sometimes they don't get around to calling people back. :suspicion:

If on the state court website the original court date (5/2) is listed as the result being "withdrawn" and there's a new date and case type below it, does that mean I don't have to appear 5/2?

Case Scheduling: Has My Court Date Been Changed - Received No Notification

Breaking a Lease: Breaking Lease 2 Months Early by Secretly Moving Out

My question involves landlord-tenant law in the State of: NEW YORK (BROOKLYN, 11216)

tl;dr—what’s it spell when you break your lease by secretly moving out of an intimidation-ridden, probably illegal apartment in Brooklyn.

My boyfriend and I broke up and are on a year lease. We are also still great friends with each other and still living together and that part is fine—we were planning on staying but now after dealing w landlord and issues we are just ready to move on (literally and figuratively).

However, we live in a brownstone that is completely open i.e. we don’t have a door of our own—just the front door on the 1st level, no access to basement exits and the doors we close are the doors to the rooms that are open to the central hallway. This is relevant becuase our landlord is super volatile. His daughter lives in the basement level. His son has intimidated us, the landlord flipped when we called Con Ed (who shut off our gas because we had a rusted pipe to our stove), put some weird poison down when we had a mouse, our refrigerator fan stopped working and wasn't fixed for 1 1/2 months, we've gotten angry calls from his wife when we ask basic tenant questions (e.g. we saw a mouse, in this building built in 1899).

The building is also zoned as A41 (single family dwelling—and we are no single family), violates a bunch of codes e.g. no chain lock, no peep hole, no access to all means of egress, etc. the list goes on.

We’ve paid our rent early every month (yes, early and every), have 700+ credit scores, and we’re actually quite sweet :)~ However, we know that if we were to ask to move out on June 1 right now (the lease is up August 1) that he would def. 1. say no 2. maybe would flip out n get violent (even though market value has sky rocketed in last year, and that we plan on not even bothering to ask for our security deposit back).

Our plan thusly is to just secretly, ant-style, move our things into our new places slowly but surely and then once we are out write him a letter explaining all the reasons that we took that course of action (reasons listed above re: his negligence and intimidation, code violations) and that he can keep our security deposit of 1 month’s rent to pay for month of June.

Does this sound… OK? We’ve tried to think of other options but this seems to be the safest/smartest… We basically don't think that he's going to bother coming after us in court for 2 months rent, especially since there are hundreds—thousands—of tenants who'd snatch our apartment up (many of our friends want ot live there, but he won't allow that either).

What laws are we breaking if we do this? Could he basically only sue us for the remaining amount of rent that would complete the lease, or is there some other nebulous law we're breaking that's v. bad?

Any advice’d b gr8ly appreciated!

Breaking a Lease: Breaking Lease 2 Months Early by Secretly Moving Out

Establishment: Harassment Prevention Order: Court Hearing Parameters and Tactics

My question involves restraining orders in the State of: MA

OK, this is an odd place to post this as this has nothing to do with family affairs - but it looks like the only place within this forum where such issues are discussed.

So here is the situation. One of the suspects in criminal impersonation against me is seeking harassment prevention order against me. On more details on the impersonation/harassment campaign against me - in which this individual is a suspect, at least in my mind - please see the following:

http://ift.tt/1SvqpSD

http://ift.tt/1Svqq8T

If past experience is any indication what he (or someone representing him) intends to do is use deception, potentially including the fake emails assigned to me, to get their way.

So now this individual is going to claim that I am harassing him. And I have a hearing in front a judge in consideration of issuing a restraining/harassment prevention order. And, naturally, I need to plan out defense strategy. In that light here are some of the questions that come to mind:

1) Is it a good idea to get a lawyer involved? Could that be viewed as me defending myself too vigorously and thus looking like someone who has something to worry about?

2) Is it a good idea to basically state that I never issue threats (which is true - I might sometimes give someone a warning but only when I am ready to take action for real) and that if I meant him harm he wouldn't look as healthy as he does (which is, most likely, also true as I don't imagine he can stand his own in an honest contest)?

3) Should I immediately present him as an all out liar (for example, show an email thread where he openly lied about the weather)?

4) Should I bring forth instances where he harassed me? (I hate the way harassment is defined in our PC world now, but by that definition he did that repeatedly)?

Any other thoughts/recommendations obviously welcome.

Thanks in advance.

Establishment: Harassment Prevention Order: Court Hearing Parameters and Tactics

Home Insurance: Insurance Coverage Limits for Cell Phone Device Replacement

My question involves insurance law for the state of: NewYork.

I'm wondering if anyone has had a similar issue to this. I upgraded my iPhone in February and like most normal people am paying off the balance ($750 total) of the handset in monthly installments along with my service charges.

My phone was stolen last week and when I tried to make a claim under renter's insurance they told me that they would only pay out my insurable interest in the device, i.e. what I have paid off so far, around $40 (my deductible is $250). Obviously I did not proceed with the claim.

Maybe I'm wrong but this strikes me as especially shady. If my house that I have a mortgage on burns down, do I only receive what I paid off my 30-year mortgage so far? I am still liable to the phone company for $700 so it's not as if they even retain an insurable interest in the device -- they have nothing to lose.

Any thoughts/comments appreciated -- just trying to wrap my head around this.

Thanks!

Home Insurance: Insurance Coverage Limits for Cell Phone Device Replacement

Medical Malpractice: Neurologist Negligence Misdiagnosing Brain Cancer for a Sciatic Nerve

My question involves malpractice in the state of: Georgia


Two months ago my mother started feeling left sided weakness in her leg. Her physician sent her to a neurologist who over the course of two months went from she had a stroke, to she had damage to her peroneal nerve, to her sciatic nerve and back. Not once over those two months did he do a brain scan. He did two mri's both of which were of the spine or lower. The weakness continues to get worse, and it got harder for her to walk. About a month into this she fell, but caught herself on the counter. She banged her arm pretty good, but other than that she didn't further injure it. About 3 weeks (already two months in on this) she started losing function of her left arm. When she told her neurologist he told her it was simply because she hit her arm. After a week of it continually getting worse she finally lost all function of it on the 16th of April so we took her to the hospital where they immediately did a brain scan and found a rather large brain tumor. Over two months of dealing with this and an ER doctor found the tumor instead of the NEUROLOGIST. She was rushed to a facility where they could have a neurosurgeon take over. She went into surgery Tuesday afternoon and never woke up. It was extremely aggressive and had already progressed unbelievably over the course of the two months. It gets worse from there. The neurosurgeon told us that the odds of her waking up were slim, the pressure was building. We knew what that means, and were coming to terms with the decision we had to make. Then this neurologist comes in and tells us an entirely different story, giving us false hope that our mother would make it. That same night we sat down with the neurosurgeon and had "the talk" where he even said he doesnt know what they guy was thinking. We took our mother off of the ventilator, and she passed away on Friday April 22nd. His negligence allowed this tumor to grow to 7 CM in just over 2 months, and took our mother away from us in just the course of a week. Do i have the potential makings of a case to pursue him?

Thanks

Medical Malpractice: Neurologist Negligence Misdiagnosing Brain Cancer for a Sciatic Nerve

Relocation: Sole Custody - Moved Out of State - Breaking the Law

My question involves a child custody case from the State of: Nevada

During the divorce I was granted sole physical/legal custody of the minors and the other parent has supervised visitation at my discretion. I moved out of state when my job was discontinued. I am now moving again, further away from the "home state" and the other parent is not happy. They said they will get a lawyer (may not) and try to fight for custody. I have been reading some conflicting information about if what I did and am doing is illegal or "may be taken into account." The divorce papers do state if it is joint custody, then I must get consent/notify the courts. But it doesn't mention sole. The laws don't make it clear to me if there is a difference. If the other parent does seek legal help and find out that I wasn't supposed to leave the "home state" I don't want to be in any legal trouble. Of course after moving to the new state and establishing residency, I will be requesting the jurisdiction be changed. NRS 200.359

Relocation: Sole Custody - Moved Out of State - Breaking the Law

Driver's License Issues: Us Driver Resident Abroad with a Foreign License

My question involves a driver's license issued by the State of: North Carolina

I recently moved from the US to abroad; I have a valid NC license in good standing. As I now live in Luxembourg, I'm required to exchange my driver's license for a Luxembourgish one within one year of my date of entry (which would be in October), and the procedure does require me to turn in my North Carolina license to the Luxembourgish authorities. I intend to get the process done as quickly as possible, but that then brings up two questions I had:

- When I spoke with the NC DMV before I left, they said that doing the exchange for the foreign license would not invalidate my NC license (though, for example, were I to have gotten an Ohio license, that would've cancelled the NC license), but this was just a local office I talked to and not the headquarters. Is what they told me true? (After my immigration mishap in France, I'm a bit fearful of trusting official sources that aren't in writing.)

- I intend to return to the US this August for three weeks for a conference and for vacation. Would there be any issues with me using a LUX license while I'm back rather than the NC one, despite me now residing in Luxembourg, especially if it is true that getting the LUX license wouldn't cancel my NC license?

Driver's License Issues: Us Driver Resident Abroad with a Foreign License

Manslaughter: Manslaughter or Conspiracy

My question involves criminal law for the state of: South Dakota.
I am trying to find the name of the crime in the following hypothetical case. Please tell me what crime(s) have been committed.

Let's assume that some adult conspirators want to hatch a plan to get a homeowner charged with manslaughter. The adults find a handy juvenile delinquent who can be browbeat into doing an auto theft and vandalism by threatening to have them charged with additional crimes that the adults have knowledge of, or simply bribe the juvenile with cash.
It is not the goal of the adults to get the juvenile killed, but it will be the natural and inevitable result when the scenario plays out. The juvenile is not expecting to be killed, and knowing nothing about the complete plan, agrees to go along with it.
The juvenile is offered a car to “steal”, and ordered to drive the car in a violent and destructive manner up a homeowners driveway, and onto the homeowners lawn, turning cookies on the lawn and tearing up the sod. It is night, and the homeowner cannot see who is in the car, and in attempting to apprehend what he thinks might be a car full of men, is blinded by the headlights. The juvenile driver, now terrified, attempts to run down the homeowner with their car. The homeowner unloads a round of double ought buckshot through the drivers side windshield. The juvenile is killed.

What is the exact name of the crime the adults have committed. They were nowhere near the killing when it took place, but certainly they have committed some kind of crime.

Manslaughter: Manslaughter or Conspiracy

Building Permits: City is Demanding We Annex to Be Able to Connect to City Water

I apologize if this is in the wrong place, This is my first time on this site.

My question involves a consumer law issue in the State of: Blue Springs, Missouri

My wife and I purchased property located inside Blue Springs city limits. Though we are inside the city limits they never annexed the property so we are listed as county. The property currently uses a cistern. We want to connect to city water (used to be a rural water district). The water main runs right across the front of our property in the utility easement.
When we talked to the city water district they told us that we would have to petition to the city to get annexed before we could connect to the water system. We would like to stay county for several reasons. There currently is no access to the sewer system and we were told by the city engineers office that it would cost upwards of $250,000 to connect. So if our septic system fails and we have to do a major repair or replacement the city might try to force us to connect to the sewer at our expense. The property isn't worth anywhere near $250,000.

My question is if the city can force us to annex to connect to the public utility, and possibly put is in a really tough spot later if we have to connect to the sewer.
We have had other issues with the city including having to deal with water drainage from a large strip shopping center that replaced watershed and the trash that washes down with it. But this is the real main concern.

Thanks,
Anthony

Building Permits: City is Demanding We Annex to Be Able to Connect to City Water

Issues After Citizenship: City of Birth Changed After Recently Discovered Facts on Us Passport

Hello all,

I have looked around to find the answer to my question before posting, but have not found anything that hits it head on as I hoped to be answered clearly, maybe someone with some knowledge on this legal matter may be able to answer.

I have been a US Citizen for years, although I grew up most of my life in the states(Just FL), I was born in Cuba, or so it says on my Birth Certificate, but my legal guardian (GrandFather) passed away a few months ago, and left me a few boxes of old documents, where I found a report and a different birth certificate under my name. The case is that I was born on a flight returning to cuba from mexico during one of my parents aboard missions out of the country in almost 30 years ago. They ended up getting 2 different birth certificates at the hospital, one that stated that I was born on a returning flight in mid air, and one that stated I was born in the hospital. My legal documents always have been done with the certificate that claims I was born in Cuba, I guess my birth parents thought that would make any legal matter easier and simpler to say then the actual truth, considering this was 1985, and cuba, so simplicity was always needed. I however have been in the states since I was 2 years old, and never been to cuba, and my U.S. Passport says born in Cuba. With all the recent legal changes I would now like to visit Cuba, I do not have any family there, but would like to see it, and I now have found out that because my Passport says that I was born in Cuba, according to Cuba's Immigration Laws which does not accept Dual Citizenship, I will be forced to get a Cuban Passport in order to enter the country. I apology for the long story, but as I considered it kind of out of place I wanted to explained to my best knowledge. I would like to know if there is a way for me to present this argument with the recent birth certificate that I was left in order to change my place of birth on my US Passport?


***Please excuse any typos this has been posted over my phone*** :o

Issues After Citizenship: City of Birth Changed After Recently Discovered Facts on Us Passport

Deprivation of Civil Rights: 17yrs Wanting to Leave Home

My question involves civil rights in the State of: Indiana

Deprivation of Civil Rights: 17yrs Wanting to Leave Home

Moving Out: Roommate Sues Other for Not Giving 30-Days Notice

My question involves landlord-tenant law in the State of: California

*Asking for a friend*

Here is the situation:
Two people move in together in desperation and only one person gets signed to the lease with the verbal agreement of paying half of the deposit ($250), rent ($700/$1400 total) and utilities. All goes well for a few months then tensions arise between the two. Ray (person who is signed to the lease) and B (not on lease) argue about chores and their dogs don't get along with each other.

Since B is afraid of getting bit by Ray's dog again, she hasn't been staying at her apartment for most of April and decided to leave. Ray was considering giving her the 30-day notice to move out, but never did it. Now that B is moved out, Ray wants to sue B for not giving a 30-day notice and not paying May's rent (which would have been the last month of her staying there).

B is not signed on the lease, but did have her names on the utility bills which have been cancelled prior to her leaving. She paid April's rent, share of utilities, and half of the deposit, allowing Ray to keep her deposit. Yet Ray is still pushing to sue.

Is it legal for Ray to sue B (who is not on the lease) for not giving the 30-day notice & last month's rent? Also, bringing in old employer to situation posing at witness to Ray and withholding B's check in order to pay for the rent.

Moving Out: Roommate Sues Other for Not Giving 30-Days Notice

Getting Fired: Arguing for Court Jurisdiction in Wrongful Dismissal Lawsuit

My question involves U.K. and potentially U.S. employment law:

I was fired, and have filed a lawsuit against my former employer in the High Court in London for breach of implied duty of mutual trust and confidence of the employment contract. I have also asked for a specific sum amount of money in the lawsuit. The defendant now tries to dismiss my case by arguing that the Labor Tribunal, not the High Court, should have the jurisdiction.

I can list at least three previous cases where the employees sued their former employers for breach of implied duty of mutual trust and confidence of the employment contract and have asked for specific amount of money. The circumstances under which the employment termination occurred are same as mine (Let's just say I am right about this aspect for now), and the High Court had accepted and ruled the cases.

My question is: Can I use the fact that cases of similar nature were previously accepted by the High Court as an argument that the High Court should also have jurisdiction over my case? If so, what are the relevant legal terms in this kind of arguments (e.g. binding ???). In general, how do U.S. lawyers go about using cases previously accepted by courts to argue for jurisdiction of similar cases in the future?

Thanks.

Getting Fired: Arguing for Court Jurisdiction in Wrongful Dismissal Lawsuit

Retail Fraud / Shoplifting: Kohls Shoplifting (Record)

My question involves criminal law for the state of: Virginia

I am 19 and just got accused of shop lifting. I was trying on compression tights and forgot I had a pair still on. (I train in them every day) I bought 6 different items, two were the exact same compression tights I had on. I was stopped and asked to come back in a room. I told her it was an accident and she said I understand, I'm not pressing charges. She took a picture/ information and made me sign that I wouldn't come back to kohls but told me I could write kohls and get my privilege back. She said I would get a fine of the amount of the tights. ($30) today I just got a civil demand letter of $250 as well as talking about possible prosecution. By not paying this, will I get charged and therefor the crime be placed on my record? What are the steps that are taken before this would be put on my record?

Retail Fraud / Shoplifting: Kohls Shoplifting (Record)

Repair and Maintenance: Ac Unit Repair Cost

My question involves landlord-tenant law in the State of: Texas

The Landlord is using the Lease Agreement form that's used for Texas Association of Realtors. In that agreement template, article 18 mentioned that the Landlord has to pay the entire cost to repair the heating, AC system and heating water. In article 26 'Special Provision', it mentioned that Tenant has to pay $50 for each repair call.

I had rent another townhouse earlier, the lease agreement is also prepared using the form of Texas Association of Realtors. In Article 26, they put clearly that I don't have to pay for the cost of repairmen AC and heating unit.

The AC unit doesn't work properly and it's not because of my negligence. The Landlord is asking me to make a co-pay for the cost of repairing the AC unit. He claimed that he will pay everything when he changes the whole system, he'll not pay everything for the repairmen cost.

I have no issue to pay $50 for him this time but I would like to ask is it a law requirement or typical practice in Texas that the Landlord will pay in full for the cost of repairment the AC unit ?

Thank you,

Repair and Maintenance: Ac Unit Repair Cost

Custody and Visitation Issues: Noncustodial Parent Refuses to Allow a 1 Time Visit Change

My question involves a child custody case from the State of: CA.

I have full legal and physical custody of my 1 year old daughter. She sees her father 1 over night and 1 weekday a week. In the past I have allowed him to cancel or reschedule visits to meet his work requirements. Please bare in mind, He is ordered to pay 650 a month in support but I have never got a penny. I do have a TRO and a CPO and my daughter is also protected except it allows brief and peaceful contact for visits.

I have an import meeting in regards to housing coming up. I did ask him 3 weeks ago to reschedule that day. My lawyer has also asked. I told him it's none of his business why. He said something stupid along the lines of not letting me cancel for a movie. I have no idea where he gets that from. Since I left I have not made any friends. I am not dating. I do not go "out". I am too busy being a mother to have a social life as well as being almost 40.

At this point I intend to go to my meeting and she will miss her visit. He was given plenty of notice. I can not miss this. It falls during the time I need to pick her up. He is unwilling to work with me.

What can happen to me legally if I withhold this visit. We missed one previously because of an illness with a Dr note and he sent the police for a welfare check. They said he was in the wrong. They could see she was Ill and the CPO at the time did not allow for visit while the TRO did . it's been revised now. On another occasion I needed him to take her for a week because I had Pneumonia and I still maintained the original visit. I did not say you can't have her this weekend because you had her all week or any other childish behaviour.

I also have not brought that up because it is irrelevant to needing to reschedule. But he would if the tables were turned. He has already been harrasing me legally anyway he can. I have frequent CPS visits because he is always calling. They have yet to open a case. They are not concerned! He sends the police weekly for welfare checks. He doesn't pay child support. He keeps whatever clothing I send her over in. He refuses to give her medication. He fights me on vaccines but I do them anyway. He's been told many times he is not to have a 3rd party present during exchanges of my daughter because it's in her best interest but he has a 3rd party there everttime. The judge specifically said any 3rd party is to wait in his car. They never wait in the car and approach my daughter directly.

I just want t to be sure I will not lose custody of she misses the next day time visit.

Custody and Visitation Issues: Noncustodial Parent Refuses to Allow a 1 Time Visit Change

Disabilities and Accommodation: No Deadbolt and Other Violations

My question involves landlord-tenant law in the State of: CA

I am a recent survivor of domestic violence and there is a RO and CPO in place. I am also diagnosed with PTSD and OCD. 6 months ago I had my apartment switched because of the Violence Against Women Act. In the past few weeks I have found my door unlocked when coming home. When I mentioned it to the management office I was told that the doors are notoriously easy to open and I can pay $300 if I want a deadbolt. They refused to check cameras.

I am already behind in lawyer fees related to the DV and custody so I asked if I could get it free because of VAWA. They said they already accommodated that (now I also had a separate reasonable accommodation request approved based a disability but they refuse to honor that because it was the former manager). So I asked a social worker for help. He was going to write a check to pay for the dead bolt and the office said no. I had to pay myself. No check from an agency would be accepted. I contacted MHAP (mental health advocacy project) and was informed that in ca it's illegal to charge rent on an apartment with no dead bolt.

I have been a tenant here for 5 years although I did move apartments 6 months ago. I have never been in violation of my lease or late on rent. I have never been a problem. The DV occured in the home of my batterer. No one has deadbolts. It is low income housing and there is a number of frequent break ins and we also have the highest number of police activity in the city.

I am afraid for myself and my daughter. All I wanted was then to take my social workers check but now I found out this about locks. What can I do? I'm afraid of being evicted if I push it and I can not afford any other housing. There are no waitlist open for other buildings.

There is also a recent edition of a smoking area located in the parking garage. It is underneath my apartment. My daughter and I can not breath. They are smoking both marijauna and cigarettes. It is a non-smoking building. I have asthma and now my daughter is coughing as well. Is it legal for them to have a smoking area in a non smoking building? They said they needed allow the smokers inside after complaints by the neighborhood about loitering. Although it has been posted for over 5 years do not apply if you are a smoker.

Also my daughter has started physical therapy for a gross motor skill delay. My apt is too small for her. It holds a twin bed and a mini pack and play which serves as her bed, with a 1 foot walkway left. No kitchen or bedroom. That was why I had the reasonable accommodation request approved 2 years ago when pregnant. So she could have a crib. We used to have a gym but they converted that to an unused office. The Dr says she needs to walk in a area where she can not hold walls or furniture. The common room is the only place left since we are no longer allowed to use the area outside the building (they say her playing outdoors is loitering). I was informed she can not walk around the common area because people with anxiety do not like it. I am on anxiety meds. How does her walking around cause problems for people with the same condition as me. I have a Dr note saying she needs to be provided space to walk. I take her 4 days a week to public places but on rainy days I have to stay home. I can not drive because of my disability. I'm not asking for our gym back. Just that she be allowed to walk around. If they would honor the approval for a larger apt it wouldn't be an issue.

Disabilities and Accommodation: No Deadbolt and Other Violations

Civil Rights Issues: Getting Pulled Over for Damaged Car

My question involves civil rights in the State of: CA

I had a problem that I thought was maybe just me being poor and having a perfectly legal, working vehicle. I used this 1993 Toyota Corolla to get around and work and ultimately to try and improve my situation. It was difficult though since I would get pulled over at least once a week for no apparent reason.
The final straw came when I was on a date on a Sunday afternoon. It was daytime, and I had taken this lovely young woman to a theater play. We had a nice time.
As I exited the highway to drop her off at home, we drove by a Burbank police car.
I am eminently aware that police must assume I don't have insurance or something because it wasn't uncommon to be pulled over and questioned about my insurance status.
This time, though, the officer pulled me over and didn't ask for license/registration.
This is exactly how the conversation went:
Me: "how can I help you officer?"
Burbank PD: "have you been arrested before?"
Me: "excuse me?"
BBPD: "have you been arrested before?"

At this point, I started to worry because I knew how badly he could screw me over if he was in the mood.

Me: "well... Yes. A long time ago"
(Which is true. 8 years prior, I got a DUI. And it's not that I wasn't willing to be up front about it. It's that I hadn't discussed my idiot-youth mistakes with the girl next to me.)
BBPD: "for what?"
Me: (sigh) DUI. I made mistakes when I was younger"
BBPD: "Get out of the car."

No reason given here. Again, still hadn't asked for license/registration.
I comply. Mostly so I can talk to this dick away from my date, who is clearly not going to be going out with me again.
After I get out:

BBPD: "what happens when I search your car and find something illegal?"
Me: "there's nothing illegal to find"
BBPD: "what happens when I find something?"
Me: (again) "search if you feel you need to do that, but there's nothing illegal to find."
(He doesn't)
BBPD: "Get out of here"

Seriously. That was it. No asking about license/registration. Just purely to make me feel like shit for driving an old, ugly car.
By the way, it only had damage because someone turned left in front of me, then lied to insurance that I made an "illegal lane change in the intersection".
It wasn't true but he had a passenger with him. Naturally, because of my dumb mistake YEARS earlier, during which nobody was harmed. But I did get behind the wheel, paid a lot of money, was arrested, and copped to my mistake in every way. Anyway, because of all that, I can only afford liability insurance now, so when that guy lied to insurance, despite that he turned left in front of me as I went through a green light, insurance inexplicably determined I was 50% at fault for "unsafely entering an intersection" and didn't pay for the damage to my car. So the car had damage.
Then, a year after that, some girl in a BMW literally backed into me at a stop light then tried to run. I somehow chased her down at which point she apologized (well, her boyfriend apologized). I should have called the police and filed a report, but idiot I am, I STILL trusted them that they wouldn't lie to insurance. The lesson: never ever trust anyone ever. Sucks but it's true.

So this Burbank cop pulls me over for no reason other than my ugly (but completely legal, working) car. Sorry I don't have more money, but that's ultimately the worst crime you can commit in America.

I'm sick and tired of being harassed by police for this. And I'm a regular white guy. Just imagine if I was black. Friends tell me horror stories about being messed with by police and I can't even imagine.

What can we do? Anything?

Civil Rights Issues: Getting Pulled Over for Damaged Car